There are few if any medical procedures that come with a 100% success rate. Even so, no person should have to suffer when they receive a medical procedure or product that leads to complications or pain and suffering. When a case of pain and suffering caused by a medical product or intervention such as a hip replacement occurs, there may be a case for a lawsuit seeking compensation for that pain and suffering. For Florida residents that have any questions over whether or not a particular medical product or intervention is causing pain and suffering that is eligible for compensation, a Miami Medical Malpractice Lawyer can help determine if there is case for a lawsuit. When it comes to the medical product of a hip replacement, an attorney such as this or a hip recall attorney can help those receive compensation for their pain and suffering.
When it comes to a hip implant or replacement, for those that are suffering from hip degeneration, the device can be a lifesaver in terms of bringing back the quality of life for an individual that has been disabled as a result of hip problems. The problem with this device however is that as effective as they can sometimes be, they only work for approximately fifteen years. As such, a repeat surgery fifteen years later is often required to ensure that individual maintains their quality of life they resumed following a hip replacement surgery. Unfortunately, a hip replacement is still an implant of a foreign body into the human body, and if the initial hip replacement proves to be defective, as is often the case, a revision surgery will be required much sooner than originally anticipated.
There are few medical devices on the open market without a rate of failure. So long as this rate remains low, there are few issues for patients that receive these products. When a significant number of individuals face difficulties from the same product, the companies that manufacture the products are responsible for recalling those products and compensating victims that have suffered as a result.
The primary issue with hip replacements is that the devices used as the hip replacement become loose within a short time period following the replacement. In other words, the hip replacement loosens from the hip bone and this leads to the individuals becoming disabled again. The procedure that was intended to get their quality of life back, winds up creating more problems. Common complications arising from a defective hip replacement include pain and discomfort, difficulty in standing up, difficulty in walking, and in some cases difficulties and severe pain when any mobility or movement occurs. When these complications arise, the surgery known as revision surgery will occur to correct the problems. If the hip replacement in question has come from a company that has manufactured a recalled product, often times the company will offer to pay for the revision surgery.
Many patients will say that if the company has offered to pay for this second surgery, why would a hip recall lawsuit be necessary? The answer rests in the fact that if a company has taken advantage of their consumers by providing a product they know is ineffective, their responsibility for compensation goes above and beyond paying for a second surgery as this individual has already suffered severe impacts to their quality of life as a result of this defective product. A hip recall attorney can greatly assist individuals seeking compensation for their pain and suffering as a result of a defective hip replacement.
Medical implants and products are created to make our lives easier. It serves to protect those who are suffering from medical ailments. Unfortunately, there are some medical implants that are defective and can cause more harm than good. In fact, there are thousands of patients who have suffered injuries due to a malfunctioning medical implant.
To that end, a number of medical devices have been recalled from the market. While recalls can help protect patients, the recalls are unfortunately sometimes too late. If you or your loved one has been injured due to a defective implant, you must immediately look for an injury attorney. One of the most common medical devices that get the most complaints is hip implants.
Hip implants are designed to work properly for at least 15 years. If the device fails revision surgery will be needed, a medical procedure that is not recommended by any surgeon. Doctors usually advise their patients to postpone the hip replacement surgery as much as possible. They do that in order to avoid a second surgery later. However if the initial implanted device is defective the revision surgery will become necessary sooner than expected.
Hip implant recalls
Every medical device that enters the market has a certain failure rate. That is acceptable as long as the rate remains considerably low. However when the number of patients facing difficulties because of the device is higher than expected, manufacturing companies have the responsibility to recall their products. That is exactly what happened with some hip replacement systems.
The main problem with the devices was that they came loose in a very short time, meaning that they were no longer correctly attached to the hip bone. When that happened patients were experiencing pain, discomfort and difficulties in moving, walking or standing up. An improperly working implant can even result in hip dislocation or bone fracture. So if a patient is feeling any kind of discomfort because of his hip implant sooner or later he is likely to face a revision surgery. After the recall manufacturing companies usually offer to support the costs of these revision surgeries.
Hip implant recall lawsuits
Many people may ask the question: if the company is paying for the revision surgery than why do I need a lawsuit? The answer is simple: because the company took advantage of their clients, selling and promoting a product about which they knew is not working properly.
Besides that the company is only paying for medical treatment but victims had much more to lose. After a successful hip replacement recall lawsuit patients can obtain compensation for their pain and suffering and lost wages from the period when they were unable to work because of the second surgery.
However it is important to know that in order to have a case patients will have to prove not just that they had a defective device implanted but also that the device caused them some sort of injuries. So if you think you might qualify for a hip implant recall lawsuit the best thing you can do is to talk to a personal injury lawyer about your legal options.
On Tuesday, March 31st 2009, former Major League umpire Mark Hirschbeck joined others harmed by dangerous medical devices and their families in Washington, D.C. to meet with members of Congress about the Medical Device Safety Act, legislation that would restore to thousands of Americans the right to seek justice through the civil justice system. Thousands of unfortunate Americans have suffered or even died because of defective medical devices like heart defibrillators, artificial valves, and defective knees and hips.
It's an uphill battle. In 2008, the Bush Conservative-stacked U.S. Supreme Court ruled in the infamous Riegel v. Medtronic decision that manufacturers of Class III medical devices that have been approved by the FDA's equally controversial pre-market approval process, are essentially immune from liability. Not taken into account by the court was the deplorable condition of the FDA as an agency during the final year of the Bush-Cheney tenure, and how such agency approvals were too often destined to succeed without having to present compelling evidence of devices actually being safe, or subjecting such evidence to any genuinely independent scrutiny.
The Riegel decision is the subject of the Medical Device Safety Act that would rectify an injured patient's right to sue in the courts when medical devices have failed, or even been recalled. In his majority decision, Justice Antonin Scalia wrote that permitting state juries to impose liability on the maker of an approved device "disrupts the federal scheme" under which the FDA has the responsibility for evaluating the risks and benefits of a new device.
Mark Hirschbeck is a patriotic American not usually associated with "disrupting federal schemes." But since 2002, his MLB umpiring career and his quality of life have been disrupted drastically by six surgeries on his right hip - one arthroscopic and five hip replacement procedures. Most of his pain and suffering was triggered by a defective ceramic-lined implant. The ceramic liner simply cracked. What was supposed to last fifteen years lasted just six weeks. A proud man who used to umpire at the highest professional level now has trouble getting down to the ballpark to watch his daughters and son play. No wonder he's become a crusader.
The Diablada is a dance that originally comes from Oruro and is a material representation of a deep religious inspiration. This inspiration began with the discovery of the miraculous image of the Virgin Candelaria in the shelter of a famous thief called Nina Nina, probably in the 18th Century. The Oruro miners decided to declare said Virgin as the Patron Saint of the workers and to dance disguised as devils precisely to avoid provoking the anger of the mine's "Tio" (Uncle). The choreography of the Diablada represents the struggle between good and evil and the defeat of the seven deadly sins. This dance is performed in all the artistic and folk expressions of Bolivia and particularly in Oruro during the Carnival time.